San Quentin News

Written By Incarcerated - Advancing Social Justice

Biden reverses his past position on criminal justice

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Presidential candidate Joe Biden says his history of tough-on-crime legislation that led to mass incarcerations needs changes, The Intercept reports.

With upward of one in every two? families suffering the harms of mass incarceration, “Too many people are incarcerated,” Biden is quoted as saying in the Sept. 17 article.

During his time as leading Democrat in the U.S. Senate, he led a number of legislative actions to increase anti-crime laws.

He supported increased funding to states to build prisons and criticized then-President Jimmy Carter, a fellow Democrat, for not being tough enough on the war on drugs, the story says.

Under Carter the federal prison population actually fell by a quarter, though rising at the state level. A federal program Law Enforcement Assistance Administration (LEAA) provided resources to states for policing and prisons was being dismantled in the last days of the Carter administration, the article states.

“The American people believe we have waged war on crime and failed. Therefore, they concluded that nothing can be done about it,” Biden said at the time.

Biden worked to shed his party’s image of being soft on crime, reported The Intercept.

“As most old-line Democrats view it, the only ways we can deal with violence will have a negative impact on civil rights and liberties… I think that’s malarkey,” Biden told the New York Times.

A Biden-Thurmond bill would have increased penalties for drugs, expanded civil asset forfeiture, eliminated parole at the federal level, and would have created a drug czar position. Reagan vetoed the bill.

Biden supported the Anti-Drug Abuse Act of 1986 that lengthened sentences for many offenses such as 100:1 crack cocaine sentencing disparities.

These new laws led to an explosion of federal prisoners from 24,000 in 1980 to 216,000 in 2013, the article said.

In 1994, Biden pushed through a massive crime bill that authorized more than $30 billion in funding to expand state prisons and local police forces, the story noted.

Gavin Newsom will introduce a broader criminal justice reform

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California’s Governor Gavin Newson
California’s Governor Gavin Newson

Gov. Gavin Newsom will introduce a broader criminal justice reform package as part of his 2020 prison budget plan.

His plans include step down facilities that focus on rehabilitation and reentry options for people being released from custody. He ultimately wants to shut down one of the state’s 35 prisons, according to an article in the Sacramento Bee.

Governor Newsom’s plans are to give the state more power to oversee local sheriffs and lock up facilities. This is possibly due to California’s surge in homicides in some of its largest jails. He has sighted that inmates are held in inhumane suicide watch conditions monitored by lo- cal sheriffs, who rebuff state inspectors, according to the article.

“I’m generally not satisfied with oversight, period. Across the board,” Newsom said on the state’s supervision of the 70,000 inmates housed in county jails. “There’s not a lot of accountability and over- sight in terms of these issues and county jails.”

Governor Newsom’s ad- ministration is studying what changes could be made, but offered no specifics as to what changes will be made as of yet. Governor Newsom’s spokes- person said the governor will announce what changes will be made in January when he reveals his state budget.

There was a yearlong investigation by McClatchy and ProPublica, which exposed that county jails have struggled with the influx of inmates serving longer sentences after the 2011 series of reforms that included a measure that shifted inmates from the state prison system to serving their sentences in local county jails. This was due to the state declaring that California prisons are unconstitutionally over-crowded, according to the article.

“I’m generally not satisfied with oversight, period. Across the board,”

California lawmakers created the California Board of State and Community Corrections to oversee the burden of realignment. Their role was to increase funding for facility construction. The news agencies found the committee “toothless,” according to the article. Some of the reasoning was that the committee did not monitor jail deaths.

“State corrections officials do not have the authority to make county leaders change, and they generally see them- selves as partners, not regulators,” said Allison Ganter, deputy director overseeing the inspection team,

When the homicide rate soared in these facilities, the committee could not force counties to construct new or safer facilities. This was even after billions of dollars had been awarded in state financing to replace decrepit facilities.

Fresno County jail has experienced 47 deaths since the realignment program was instituted. This is twice the number of people who had died in the several years prior to realignment.

A bill has been introduced by Assembly member Kevin McCarty, D-Sacramento. This bill would allow counties to create oversight groups with the power to subpoena county sheriffs but was shelved after opposition from local law enforcement. McCarty has vowed to re-submit another version of the bill next year.

The state corrections board cited Kern County’s jail due to suicidal inmates being locked in closet-sized rooms with nothing but a grate in the floor. These inmates were given a rip resistant yoga mat to sleep on. After incidents the jail switched to giving the suicide watch inmates blankets, according to the Sacramento Bee article.

McCarty said this is yet another example of mental health abuses, negligence and lack of proper oversight by a county sheriff’s department.

“This type of lax oversight results in lawsuits and settlements where taxpayers continue to foot the bill and pay for the misconduct of our sheriff’s departments across California.”

Warren and criminal justice reform

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Presidential candidate and Senator Elizabeth Warren (D-Mass.) finally focused her attention and political career on criminal justice reform. Her plan includes combatting crime and improving public safety, according to an August Vox article.

Warren’s proposal emphasizes establishing a clemency board for early release, investing more on addiction treatment, ending the death penalty, eliminating solitary confinement, allowing inmates to make phone calls free of charge, improving mental health treatment and increasing police reforms. She also calls for repealing the 1994 crime law.

Warren’s proposed plan joins those of other Democratic presidential candidates who also support criminal justice reform.

The Vox article pointed out that the sheer mass of incarcerated people in America surpasses even that of authoritarian regimes such as those in Cuba, Russia, and China.

The article noted however that even if she does win the nomination and later the presidency, criminal justice reform may be an uphill battle for Sen. Warren. Eighty-eight percent of inmates are under state control rather than federal. In the past, state governments have resisted federal reform incentives, particularly in Republican-controlled cities and states, according to Vox.

Furthermore, two multi-billion dollar industries will oppose aggressively her most controversial proposals: a ban on private prisons and allowing inmates to make free phone calls while they are incarcerated.

Vox questions how much of Warren’s plan could get Congressional approval. The article cites the years that it took Congress to pass the “fairly mild criminal justice reform bill” in the First Step Act.

If Warren is also pushing for passage of her many other proposals, Vox noted, that may reduce “the possibility that Congress even gets to sweeping criminal justice reform at all.”

Re:Store Justice starts 5-year restorative justice pilot program

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A live internet joint press conference involving San Quentin State Prison and CDCR officials in Sacramento announced a five-year restorative justice pilot program aimed at the needs of victims, offenders and the community.

The first-ever live news conference to include incarcerated individuals was held recently to announce the program which will be based in San Joaquin County.

The incarcerated men, members of the Re:Store Justice organization, shared how they believe that restorative justice is a more wholesome approach to criminal justice.

Re:Store Justice is a nonprofit organization that deals with restor- ative justice and criminal justice reform.

The two locations were tied together via Skype.

“This was us announcing to the public the new resources and opportunities at hand to re- shape what the criminal justice system looks like,” said Eric “Maserati-E” Abercrombie, the main spokesman for the in- carcerated men.

“This is an opportunity to take a progressive approach to the criminal punishment sys- tem, which we know does not work. We aim to save taxpayer dollars, reduce the crime rate, reduce the incarceration rate, and increase healing.”

The $5 million pilot pro- gram aims to provide an al- ternative to the punitive ap- proach of prison.

The plan is to have of- fenders undergo an intense screening process to make sure that they are ready to change their lives by partici- pating in the restorative jus- tice program. Excluded are sex crimes and offenses that took a life.

“Currently there are lim- ited opportunities for victims to engage in the criminal jus- tice system other than at the end, when they make a vic- tim impact statement,” said

San Joaquin County District Attorney Tori Verber Salazar. “This is going to put power and tools and an opportunity to heal back in the hands of our victims.”

Each offender’s plan will be crafted and agreed upon by the crime survivor, the of- fender, community groups, law enforcement and defense attorneys.

“I want to promote heal- ing,” said crime survivor Tri- no Jiminez, who was stand- ing alongside the men in blue.

Rather than incarceration, offenders would be sent to substance abuse treatment, counseling, education and job training. Offenders may be required to pay restitution or write a statement of apology. “The way the current sys- tem is designed, the survivors are neglected. The conviction is the most important thing to achieve justice. It does noth- ing to help the victims heal,” said Abercrombie, “With this program, victims are not ne- glected; they get resources and support to heal.”Offenders in the program receive a suspended sentence. If they violate the plan, they could be sent to prison. If they complete the program, they could avoid having a criminal record.

Re:Store Justice cofounder and former San Quentin State Prison resident Adnan Khan attended the press conference in Sacramento.

“This will provide an op- portunity for people to truly understand why they did what they did, so then they can be accountable and so then they can continue making amends,” Khan said.

Khan and State Senator Steve Glazer (D-Orinda) ad- vocated for the funds to intro- duce the pilot program after a meeting at San Quentin State Prison.

“The goal of restorative jus- tice is to give victims a chance to receive true justice in a much more personal way than our current system allows,”

said Senator Glazer. “At the same time, the program gives offenders a chance to make amends directly to the victim.”

Abercrombie said he wants to create a criminal justice sys- tem that heals rather than fur- ther divides communities. He said he hopes the San Joaquin County pilot program will pave the way for a statewide restorative justice reform that will replace the current puni- tive system.

“Coming from the places we come from, we place limits on ourselves,” said Abercrombie, “I want to encourage everyone to break out of the boxes that we put ourselves in. As corny as that may sound, it’s real.”

Kim Kardashian helps formerly incarcerated obtain jobs

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Kim Kardashian is working to help formerly incarcerated people obtain jobs as part of her involvement with criminal justice reform.

Kardashian appeared on The Tonight Show Starring Jimmy Fallon to promote her makeup line but ended up discussing criminal justice reform, according to instyle.com on Feb. 8.

“I think there’s such a stigma on people hiring formerly incarcerated people,” she said. “There’s so many people that are incarcerated for life. For murder, that maybe they were just next to someone, and there was a group of people, and a fight broke out and somebody unfortunately died.

“But they didn’t even hit the person, didn’t even have a weapon and were serving life,” she said.

Kardashian thinks that people who are pardoned should be given a second chance. “I would love to hire formerly incarcerated people,” she said.

Early this year she visited San Quentin prison, where she talked with men who were sentenced to extremely long sentences, including life imprisonment.

While at San Quentin, she listened to the music of people who committed crimes as juveniles and lifers. This music was produced by the Swedish Grammy nominated music producer David Jassy.

Jassy is a Swedish-born, Gambian-Estonian descendant. He is serving a life sentence for an altercation following an award show in Hollywood.

Kardashian heard about Jassy and the San Quentin Mixtape Vol. 1 through Van Jones and Jessica Sloan of #Cut50. Together Jones, Sloan and Kardashian helped Alice Marie Johnson, a first-time nonviolent drug offender get pardoned by Pres. Donald Trump last summer.

She believes people like Johnson should be given a second chance. Jassy said she shared the same belief about those featured on the mix tape. He said they also spoke about second chances, reentry, and bridging the gap between incarcerated men in the music program and executive producers in the industry.

After listening to the mix tape, “she was impressed, willing to support the mix tape and supported the fact that we don’t use profanity,”Jassy said.

“I could learn something from it,” Kardashian said, according to Jassy.

The mix tapes can be followed on Instagram @ Sanquentinmixtapes.

Families band together creating an alliance focused on protecting incarcerated loved ones

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Families and friends of prisoners in Florida are joining forces with advocacy groups to create a stronger voice to protect their loved ones’ rights against the state’s correctional institutions, according the Florida Times Union/ Jacksonville.com.

Two groups representing prisoner’s rights have focused on two main issues, sentencing reform and administrative policy. The groups have fostered a relationship with families of the incarcerated, getting families organized to participate in the process, to ensure their legacies will include the ability to lead the fight of the incarcerated.

“Visitation is one of those issues that is uniquely understood by the families of the people who are incarcerated. You almost have to be in that position to understand its importance.” said Greg Newburn, state policy director of Families Against Mandatory Minimums (FAMM).

That group partnered with Florida Cares, a nonprofit inmate advocacy group that has compiled a vast network of people who never envisioned getting involved with the issues of prison. This network, which includes lawyers, nurses, doctors, teachers, EMTs, firefighters and politicians, enables family members of the incarcerated to have one unified voice.

Denise Rock, who has led Florida Cares for two years, has created that voice for incarcerated people and their families, which now positions them as a group with political power.

Rock, a former paralegal and criminal defense investigator stated, “The people who had loved ones who are incarcerated, they want to help and they want to get in there and do something, but they don’t know what to do.”

Rock’s group has successfully challenged proposed rule changes by giving the loved ones a platform to voice their objections.

Concurrently, FAMM, a foundational criminal justice reform group that brings years of political experience to influence state capitals, such as Tallahassee, Fla., took notice of Florida Cares.

Newburn recognized the need to meld the two political activist groups together to ad- dress current issues of reform and to organize a long-term strategy. “What we’ve come to understand is those two issues are not separate…They are two sides of the same coin.”

An example of the partnership’s strength was seen last year. The groups represented families who objected to the proposed elimination of visits in Florida prisons. The effort prompted the prison system to abandon the change.

Denise Caffo, a board member of Florida Cares, said “Change is going to happen one way or another…The mindset is changing. We just can’t give up.”

San Quentin News' historical journey

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It is a well-known fact among the San Quentin News staff that former Warden Clinton T. Duffy wanted inmates to voice their opinions about whatever subjects they felt comfortable addressing. Duffy’s creation, San Quentin News, was the beginning of inmate journalism at San Quentin and an opportunity given at the time to increase public safety and strive for social justice.

SQN Staff Oct 2010 – Richard Bonaru Richardson, Julian Glenn Padgett, Drew Piazza, Fernando Lemus, Kevin O’Donnell, Michael Harris, Arnulfo Garcia


It is a well-known fact among the San Quentin News staff that former Warden Clinton T. Duffy wanted inmates to voice their opinions about whatever subjects they felt comfortable addressing. Duffy’s creation, San Quentin News, was the beginning of inmate journalism at San Quentin and an opportunity given at the time to increase public safety and strive for social justice.
But in the 1980s, prison journalists and the prison administration had differences of opinion. The warden at the time became convinced that San Quentin News was incompatible with the goals of the institution, and the newspaper went out of existence.
In 2008, Warden Robert Ayers Jr. didn’t agree with having the newspaper sidelined and resurrected San Quentin News, which started our mission to change the prison culture.
While the mainstream media emphasize the latest violent incidents occurring at Folsom, Soledad or Corcoran State Prisons, San Quentin News covers stories about the 73-year-old woman or man who has earned a GED, maybe even a college education.
The more success stories San Quentin News highlighted, the more inmates wanted to be a part of that change and positive growth. We hoped this change would lead to a safer society once these inmates returned home.
An earlier executive editor, Michael “Harry O” Harris, said it best. “The human beings that are encapsulated inside these prison walls have the power to change themselves, as well as influence others in positive ways. Some of us will never get out and others will. What has become obvious is that we can learn from our mistakes, and so can others, if we, as a community, are brave enough to share in this undertaking.”
Harris, who later stepped down as executive editor after he was paroled, knew then that we as a community can influence positive growth, but recently the term “influence” has been given a negative connotation. Nonetheless, that’s exactly what we want to do. In order for us to change the prison culture, we must win over those inmates who believe that they cannot change for the better.
In 2010, then Gov. Arnold Schwarzenegger enacted sweeping budget cuts across California that closed down many prison vocational programs and educational classes, including the San Quentin print shop.
San Quentin News was printed and distributed through the vocational print shop, and that might have been the end of the line for the newspaper when the print shop shut down at the end of 2009.
But Harris and Arnulfo Garcia did not want to give up on San Quentin News and the fact that information can change a prison culture with stories of rehabilitation. Acting Warden R.K. Wong, Lt. R. Luna and Principal Ted Roberts held a meeting, and they made a deal to keep the newspaper up and running. However, the deal specified that the content and layout out of the paper had to be produced on just one computer. Furthermore, San Quentin News would also have to be produced in a print shop not fully up and running.
These conditions represented major obstacles to survival. Trying hard to keep that positive voice of inmates alive, Harris and Garcia were struggling to keep San Quentin News afloat. Just when it looked like Acting Warden Wong was about to pull the plug, San Quentin News produced its first edition of 2010.
However, the threat of shutting down the paper wasn’t over. While printing the January-April editions, we were told that we could no longer utilize the abandoned print shop to print, and we lacked the resources and funds to print the newspaper elsewhere.
Once again, Harris came to the rescue. Agreeing to pay for the newspaper out of his own pocket, Harris talked with San Quentin News Adviser Steve McNamara to facilitate a deal for printing the newspaper off site.
Suddenly San Quentin News was back up and running after nearly going out of business. At that point, executive editor Harris made sure that stories of rehabilitation flooded each issue.
Eighteen months later, Harris thought he had earned his release from bondage. The Parole Board agreed that he was rehabilitated after spending more than 23 years behind bars and found him suitable to be released back into society. However, on Oct. 11, 2011, federal agents picked Harris up and transported him to a federal prison.
Many of San Quentin News staff and advisers were confused, disappointed and in disbelief. With all the rehabilitative efforts, groups and programs Harris had either started or been a part of, we couldn’t believe he was not being released.
Harris was very instrumental in making sure groups like, Keepin’ it Real, The Green Life, MOMAS, and The Last Mile established themselves here at San Quentin. He believed that the more programs inmates had access to, the less likely they would recidivate.
Garcia, who had succeeded Harris as executive editor, said that he was “committed, compassionate and a great leader. He strongly advocated not to define a person by his past but by the person’s desire to change his past anti-social behavior and to develop pro-social habits.”
Many of us wanted Harris to go home with the skills he had learned in prison and become an agent for change in communities throughout California and beyond. But knowing that so much positive energy is sitting behind prison bars really proves that the criminal justice system is still broken and needs to be fixed.
San Quentin News will continue to advocate for those inmates without a voice and report on what works in the criminal justice system, what doesn’t and how we can join together and fix it.
Portrait of Richard ‘Bonaru’ Richardson

Portrait of Richard ‘Bonaru’ Richardson

Building lives through health and wellness TRUST

San Quentin News & Wall City Merchandise

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Texas warden demoted after instituting quotas

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A Texas warden was demoted and transferred following the discovery of a disciplinary quota scheme used in the Ramsey Unit of the Texas prison system, as reported by the Houston Chronicle.
The Texas Department of Criminal Justice terminated more than 500 disciplinary cases after an investigation revealed that four state facilities implemented a disciplinary quota in which officers were required to write up a certain number of inmates or potentially face punishment themselves. The discovery of these quotas has led to a statewide audit and multiple demotions of prison officials. The officers involved could face criminal charges, according to officials.
The investigation was sparked by the Chronicle after it obtained leaked emails from Capt. Reginald Gilbert of the Ramsey Unit. Gilbert wrote, “Effective March 10, 2018, each sergeant will be required to turn in at least two (2) cases written by officers for a Level 2 Code 35 ‘Unauthorized Storage of Property.’ Two each day is my requirement. Remember this is to be done each work- day without exception.”
This situation came on the heels of a separate investigation at the Ramsey Unit, in which officers allegedly planted evidence in an inmate’s cell. Four officers were fired, and one resigned as a result, according to the Chronicle.

Texas prisons are making efforts to reform the disciplinary system and prevent similar situations in the future, according to prison spokesperson Jeremy Desel.
“The agency is review- ing all disciplinary training and considering new state- wide training for all those involved in the disciplinary process. The agency is also working to make changes to policy to include explicit language that forbids any type of quota system or mandatory case writing activity,” he told The Chronicle. “This will make it crystal clear to all that nothing even resembling mandated disciplinary activity will be tolerated.”
Authorities are taking a closer look at the disciplinary process by increasing training and examining the system for defending in- mates accused of disciplinary infractions.
“In the current system, there are individuals who operate as counsel substitutes, essentially counsel for the offenders accused of disciplinary cases, the formerly
reported to unit wardens,” Desel told the Chronicle. “Now those individuals will receive enhanced training and report to the Division of Administrative Review and Risk Management, which will increase the independence of these positions and allow them to potentially see any unusual trends.”
Possible changes in policy bring hope to advocates. Jennifer Erschabek of the Texas Inmate Families Association said in the article, “It’s very encouraging.”
Doug Smith, a policy analyst with the Texas Criminal Justice Coalition, believes changes can improve defense for inmates facing disciplinary infractions and increase prison safety.
“When you do mass punishment like that, you put people in danger because it invites retaliation,” Smith told the Chronicle. “I’m thrilled that this reporting has uncovered some dangerous and ineffective policies, and I’m thrilled that people are going to be treated justly and fairly because that’s how you foster rehabilitation.”

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http://sanquentinnews.com/suicides-disturbingly-common-among-correctional-officers/

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San Quentin News & Wall City Merchandise

Unite the People ballot initiative

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In 2017, Unite the People, formerly known as We the People Org, began the process of writing a ballot initiative with a goal of releasing the nearly 3,000 Californians locked up for nonviolent third strikes under our State’s mandatory sentencing law.
Although we lacked the time or financial resources to move our initiative to the ballot in time for the November 2018 elections, we started a powerful grass roots movement of dedicated volunteers and family members with loved ones who have been unjustly incarcerated. Our immediate objectives now are to grow our membership, raise the financial resources we will need for a ballot fight in 2020 (approximately $2 million) , and begin preparing to launch signature gathering efforts for The People’s Fair Sentencing & Public Safety Act by the Fall of 2019. We are also working on a legislative effort with the California Assembly and Senate to allow early release and re-sentencing for nonviolent third strikers.
We are determined to make a difference and bring an end to mass incarceration!
A MESSAGE FROM OUR FOUNDER, MITCH MCDOWELL
I’d like to start by saying THANK YOU to the hundreds of volunteers that have joined our organization’s efforts to reform California’s 3 strikes sentencing structure. My sincerest thank you goes out to our core group of members (too many to name) who have spent tireless hours day and night lending their time and expertise to advance our cause. With- out you all we wouldn’t have gotten anywhere, so to you I give many thanks.
I would next like to briefly explain what happened with our 2018 initiative. The People’s Fair Sentencing and Public Safety Act of 2018 gained much traction and public awareness and, despite its ultimate failure to qualify, had a really incredible all-volunteer effort toward gathering the 500k signatures needed to qualify for the ballot. Originally, our initiative’s deadline was July 16th.
Even though attaining the funding needed to qualify strong for the ballot was a struggle, we still had a couple months left to achieve our goal when the Secretary of State’s office announced they were moving up the cutoff date to submit signatures to May 11th.
Their reason was that due to the amount of initiatives filed for this year’s ballot, they wouldn’t have the allotted time to count the signatures to qualify for the 2018 ballot if the date was not changed. You still could have continued to gather signatures and turned them in, but those would be used to qualify for the 2020 ballot. Receiving this surprising news of the earlier cutoff date definitely caught us off guard. As much as it hurt me as well as the others in our organization, I had to make a decision.
My decision was to pull the initiative on the 2018 campaign and focus all of our momentum towards the 2020 ballot. With us filing our initiative again in approximately 12-13 months from now, that allows us the time to build our volunteer base, increase our funding stream, and really be ready to push harder and stronger for the 2020 ballot.
Just like the majority of us in our organization, I also have a loved one, my younger brother, doing life in prison for a nonviolent Three Strikes case. If you are affected by this inhumane law, either by being incarcerated or a loved one of someone incarcerated, we at UTP want you all to know that WE WON’T STOP UNTIL YOU GUYS ON THE INSIDE ARE HOME!!!
In closing, I want to leave you with this… There is power in numbers!! We have the numbers, we have the people, and we have partner organizations all working with us to create change. Now all we have to do is to come together, work together, and most importantly — NOT GIVE UP!!! Asking nicely for change, for the system as a whole to treat people humanely, doesn’t work. It hasn’t worked yet, and won’t work until we all get fed up with this unfair treatment of the disadvantaged community. I’d like to extend my personal invitation to all people, and all other social justice organizations out there, to join us in this movement to DEMAND FAIR SENTENCING LAWS!!! Let’s not talk about it anymore. We know what the problem is and why it is. We’ve talked about it long enough. It’s time to DEMAND CHANGE AND BRING OUR LOVED ONES HOME!!!
-Mitch (mitchell_mcdowell@unitethepeople.org )
PPI’s “Correctional Control: Incarceration and Supervision by State” is the first report to aggregate data on all types of correctional control nationwide.

“No one – not even the government itself – has ever been able to specify with any certainty the precise number of federal crimes defined … in the 27,000 or so pages of the U.S. Code.” In the 1980s, lawyers at the Department of Justice estimated that the criminal code contained 3,000 crimes.  Today, the Heritage Foundation estimates the federal laws currently enumerate nearly 5,000 crimes, a number that grows every year.

Holly Harris, Executive Director of the U.S. Justice Action Network, told Foreign Affairs Magazine in “The Prisoner Dilemma”  March /April 2017 www.ForeignAffairs.com

http://sanquentinnews.com/optionb-org-support-group-overcoming-effects-incarceration/

San Quentin hosts fourth D.A. forum

Criminal justice advocates seeking bail system reform

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Criminal justice advocates are seeking to reform the California bail system reports online journalist Steven Greenhaut.

Opponents say the system forces poor people to plea bargain their cases to avoid spending months in jail and a slow judicial process but allows wealthy defendants to be free pending trial.

Greenhaut reported last November in reason.com that bills will be introduced in the next California Legislature session to reform the bail system.

“64% of California’s jail population is awaiting trial or sentencing as of December 2016.” Most remain in pretrial custody because they cannot afford bail.  Jail Profile Survey, http://www.bscc.ca.gov/

The stated purpose of bail is to ensure the appearance of a defendant in court.

Proponents of the system say the system works well. “When it comes to guaranteeing appearance at court, surety bail outperforms every form of public sector pretrial release and own recognizance release as well,” according to the American Bail Coalition.

Opponents points out some of the problems. “Over time the discussion about bail [has become]: Does it really serve its purpose of keeping people safe? Because if you’re wealthy and you commit a heinous crime, you can make bail,” California Chief Justice Tani Cantil-Sakauye said in a March 2016 editorial board meeting with the Sacramento Bee.

Their lives becomes disenfranchised if they are incarcerated and not working, resulting in losing their possessions and housing. Moreover, they lose custody of their children to Child Protective Services. This is a problem for 60 percent of people incarcerated in California jails, who have not yet been sentenced, said the report.

A study done by nonpartisan Public Policy Institute shows: “From 2000 to 2009…The median bail amount in California ($50,000) is more than five times the median amount in the rest of the nation (less than $10,000).”

The U.S. Justice Department found in Georgia that bail practices “incarcerate indigent individuals before trial solely because of their inability to pay for their release.” That violates the 14th Amendment of the U.S. Constitution, the department reported.

Greenhaut was the Union-Tribune’s California columnist. He is western region director for the R Street Institute and is based in Sacramento.

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